Law commission

The Law Commission plagued by inconsistencies, delays in the appointment of its members: study

A study claimed that the Law Commission of India is plagued with many problems, including inconsistencies and delays in the appointment of its members and a lack of diversity. The Center for Civil Society (CCS), which conducted the study, said on Friday that the commission’s constitution was marred with inconsistencies and delays and that the commission was being treated as an ad hoc body.

Its membership is marked by limited diversity and is dominated by individuals with a legal background.

“At present, the government has full discretion to decide who will be the members, how many, and the terms and conditions of their service. The procedure for these decisions is not disclosed,” according to the study.

Some stakeholders consulted during the study mentioned that only people whom the government wants to reward get a position on the commission, he said.

He added that the majority of the commission’s members are drawn from the legal community, including lawyers and former court officers, although it has considered issues relating to insolvency and company law.

“It doesn’t take advantage of the diverse expertise that can be provided by academics from various fields like economics,” he said.

As a result, various important issues such as research on the Uniform Civil Code remain pending before the commission, he said.

He further observed that the commission conducts consultations with stakeholders erratically.

“Even when consulting with stakeholders, the commission rarely relies on economists or experts from other social sciences,” he said.

The study further indicates that less than 45% of Law Commission reports have been implemented, despite the fact that reports are often prepared on matters recommended by the government.

“There is no clarity on timelines, neither for the commission to prepare its reports nor for the ministry/parliament to share its comments on the submitted reports,” he said.

The study adds that the commission also suffers from the limited funding available to it.